Criminal law

The trial

What is a pre-sentence report?

The pre-sentence report is a document that provides the court with background information on a youth who is facing sentencing. Once it has this information, the court can choose the measure that will be most appropriate for the adolescent. If it is tailored to the young person’s needs, the sentence is more likely to hold her accountable and help rehabilitate her.

The report is full of information about the adolescent and the circumstances surrounding the offence she committed. This information will help the court to get to know the youth better and impose a sentence that suits her circumstances. Keep reading to find out exactly what kind of information the report contains!

What kind of information does a pre-sentence report contain?

Let’s begin by noting that the pre-sentence report is usually written – however, in exceptional cases, the author can verbally present the report to the court.

The contents of each pre-sentence report will vary because every adolescent is different. While preparing this document, the youth worker must always consider the objectives of the youth criminal justice system. The contents of each report will reflect both the individual reality of the adolescent and the goal of delivering a just sentence. The Youth Criminal Justice Act (YCJA) lists the information that must be included in the pre-sentence report. The list is as follows:

• The outcome of an interview with the adolescent and her family;
  
  
• If possible, the results of an interview with the victim of the offence;
  
  
• The adolescent’s age, level of maturity, personality, behaviour, and her willingness to make amends for the damage she caused;
  
  
• Her plans to modify her behaviour, in other words, the adolescent’s concrete ideas about how she will change;
  
  
• Any previous record and extrajudicial measures that have already been completed. To find out more, consult the Infosheet entitled Other extrajudicial measures;
  
  
• An outline of community programs that might be helpful to her and whether she’s willing to participate in them;
  
  
• Her relationship with her family, including the degree of influence and supervision they have over her;
  
  
• An overview of her report cards and her career plans;
  
  
• Just about any other information that the provincial director (in Quebec, it’s the Director of Youth Protection) finds relevant, as well as any recommendations the DYP makes.

The report must also include the recommendations of the conference established by the court to make suggestions on sentencing, as well any other relevant information that can assist in finding an alternative to detention.

Who writes the pre-sentence report?

The Youth Criminal Justice Act states that the report must be written by the provincial director. In reality, one of the director’s representatives actually writes it. This person is called a “youth worker”.

The youth worker conducts an interview with the adolescent and her parents and writes down any useful information that they provide. This will be included in the report. If the victim agrees, the youth worker will also meet with her to record her comments.

Once the required information is collected, the youth worker writes the report and makes recommendations that she believes are appropriate in this particular situation. It’s important to note that the court isn’t required to follow these recommendations; the final decision on sentencing is always up to the judge.

Emily shouldn’t worry too much about the interview. The youth worker has a lot of experience working with adolescents, so it isn’t her first time doing this. Her job is to better understand Emily’s situation so she can work with her, not against her! If the adolescent refuses to participate, that’s her choice. The report will then be written using the comments from her parents and the victim, if possible. But Emily should know that the court could take into account her refusal to cooperate when it decides on her sentence.

To whom is the pre-sentence report submitted?

The original copy of the pre-sentence report is filed with the court. A copy is then sent to each of the following persons: the adolescent, her mother or father, her lawyer, and the Crown prosecutor. The law makes one exception: if the contents of the report or certain parts of it could be harmful to the adolescent, she will not receive a copy.

A copy of the report must also be given, upon request, to any youth worker to whom the young person’s case has been assigned, as well as to any court that is dealing with matters related to the youth. Finally, any other person who has an interest in the adolescent’s file may also be authorized to receive a copy of the report.

Does the court have to order a pre-sentence report?

The court can, and sometimes must, ask the Director of Youth Protection (DYP) to prepare a pre-sentence report on the adolescent. It is obligated to do so when a sentence of custody is being considered. The court is not obliged to request a report in other instances.

However, if it is the adolescent’s first offence, even if custody is not being considered, the court tends to order a pre-sentence report to find out more about what’s going on in the young person’s life.

When a report is requested, is the court obligated to take it into consideration?

Before imposing a sentence of custody, the court must take into consideration the contents of the pre-sentence report. It may decide to rely on all or only some of the report when deciding on a sentence. Ultimately, the court is not required to follow any of the recommendations in the report.

1. Centres jeunesse du Québec
2. Texte de la loi